Bill Text: NY S08830 | 2017-2018 | General Assembly | Introduced
Bill Title: Permits the manufacture and sale of ice cream or other frozen desserts made with wine, beer or cider or any combination thereof; requires notice.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-07-10 - SIGNED CHAP.118 [S08830 Detail]
Download: New_York-2017-S08830-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8830 IN SENATE May 23, 2018 ___________ Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, the public health law and the alcoholic beverage control law, in relation to ice cream or other frozen desserts made with wine, beer or cider The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 14 and 15 of section 200 of the agriculture 2 and markets law, as amended by chapter 42 of the laws of 2011, subpara- 3 graph (i) and the opening paragraph of subparagraph (ii) of paragraph 4 (a) of subdivision 15 as amended by chapter 40 of the laws of 2017, are 5 amended to read as follows: 6 14. If it is ice cream or other frozen desserts made with wine, beer 7 or cider bearing or containing more than five percent of alcohol by 8 volume. 9 15. With respect to the manufacture and sale of ice cream or other 10 frozen desserts made with wine, beer or cider bearing or containing more 11 than one-half of one percent, but not more than five percent of alcohol 12 by volume: 13 (a) No person shall sell at retail packages of ice cream or other 14 frozen desserts made with wine, beer or cider for consumption off the 15 premises where sold unless: 16 (i) each package is a sealed package, as received from the manufactur- 17 er or distributor; 18 (ii) each sealed package, as received from the manufacturer or 19 distributor, in a format to be established or approved by the commis- 20 sioner, prominently bears the following statements, provided that such 21 statements may refer to either wine, beer or cider or a combination 22 thereof: 23 (A) The sale of this product to individuals under the age of twenty- 24 one years is prohibited. 25 (B) This product is made with [wine] (insert wine, beer and/or cider) 26 and contains alcohol up to five percent by volume. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15924-03-8S. 8830 2 1 (C) Notice. This product contains alcohol used as a flavoring and, as 2 with any product that contains alcohol: 3 (1) women should not consume alcohol during pregnancy because of the 4 risk of birth defects, and 5 (2) consumption of alcohol impairs your ability to drive a car or 6 operate machinery, and may cause health problems. 7 (iii) the following advisory, on a sign or poster not less than seven 8 inches by five inches, in a format to be established or approved by the 9 commissioner, is displayed prominently at each location where packages 10 of ice cream or other frozen desserts made with wine, beer or cider are 11 made available to the public provided that such sign or poster may refer 12 to either wine, beer or cider or a combination thereof: 13 "THIS AREA CONTAINS [WINE] (INSERT WINE, BEER AND/OR 14 CIDER) ICE CREAM OR OTHER FROZEN DESSERTS [MADE WITH WINE] 15 The sale of [WINE] (INSERT WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER 16 FROZEN DESSERTS [MADE WITH WINE] to individuals under the age of twen- 17 ty-one years is prohibited. 18 [WINE] (INSERT WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER FROZEN 19 DESSERTS [MADE WITH WINE] contain alcohol up to five percent by volume. 20 NOTICE: [WINE] (INSERT WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER 21 FROZEN DESSERTS [MADE WITH WINE] contain alcohol used as a flavoring 22 and, as with any product that contains alcohol: 23 (1) women should not consume alcohol during pregnancy because of the 24 risk of birth defects, and 25 (2) consumption of alcohol impairs your ability to drive a car or 26 operate machinery, and may cause health problems. 27 IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF 28 TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAU- 29 DULENT OR NOT ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING TO 30 PURCHASE [WINE] (INSERT WINE, BEER AND/OR CIDER) ICE CREAM OR OTHER 31 FROZEN DESSERTS [MADE WITH WINE]." 32 (b) No manufacturer and/or distributor of ice cream or other frozen 33 desserts made with wine, beer or cider shall sell such product: 34 (i) to a person intending to sell at retail individual servings of ice 35 cream or other frozen desserts made with wine, beer or cider, unless, 36 with each shipment, such manufacturer and/or distributor provides: 37 (A) a written notice that individual servings of [wine] ice cream or 38 other frozen desserts made with wine, beer or cider may be sold at 39 retail only where the retailer complies with all of the requirements set 40 forth in paragraph (a) of this subdivision, and 41 (B) a written copy of such requirements; and 42 (ii) to a person intending to sell at retail packages of [wine] ice 43 cream or other frozen desserts made with wine, beer or cider for 44 consumption off the premises, unless, with each shipment, such manufac- 45 turer and/or distributor provides: 46 (A) a written notice that packages of [wine] ice cream or other frozen 47 desserts made with wine, beer or cider may be sold at retail only where 48 the retailer complies with all of the requirements set forth in para- 49 graph (a) of this subdivision, and 50 (B) a written copy of such requirements. 51 § 2. Section 1352-c of the public health law, as added by chapter 42 52 of the laws of 2011, is amended to read as follows: 53 § 1352-c. Ice cream or other frozen desserts made with wine, beer or 54 cider. No person shall sell at retail individual servings of ice cream 55 or other frozen desserts made with wine, beer or cider bearing or 56 containing more than one-half of one percent but not more than fiveS. 8830 3 1 percent of alcohol by volume, unless the following statements are promi- 2 nently displayed on the printed menu (or, if no printed menus are used, 3 on the menu board or sign setting forth the bill of fare) immediately 4 adjacent to the listing of the item or items of [wine] ice cream or 5 other frozen desserts made with wine, beer or cider being offered 6 provided that such statements may refer to wine, beer or cider or a 7 combination thereof: 8 1. The sale of [wine] (insert wine, beer and/or cider) ice cream or 9 other frozen desserts to individuals under the age of twenty-one is 10 prohibited. 11 2. [Wine] (Insert wine, beer and/or cider) ice cream or other frozen 12 desserts contain alcohol up to five percent by volume. 13 3. Notice: [Wine] (Insert wine, beer and/or cider) ice cream or other 14 frozen desserts contain alcohol used as a flavoring and, as with any 15 product that contains alcohol: 16 (a) women should not consume alcohol during pregnancy because of the 17 risk of birth defects, and 18 (b) consumption of alcohol impairs your ability to drive a car or 19 operate machinery, and may cause health problems. 20 § 3. Subdivision 1 of section 3 of the alcoholic beverage control law, 21 as amended by chapter 231 of the laws of 2015, is amended to read as 22 follows: 23 1. "Alcoholic beverage" or "beverage" mean and include alcohol, spir- 24 its, liquor, wine, beer, cider and every liquid, solid, powder or crys- 25 tal, patented or not, containing alcohol, spirits, wine or beer and 26 capable of being consumed by a human being, and any warehouse receipt, 27 certificate, contract or other document pertaining thereto; except that 28 confectionery containing alcohol as provided by subdivision twelve of 29 section two hundred of the agriculture and markets law and ice cream and 30 other frozen desserts made with wine, beer or cider as provided in 31 subdivision fifteen of section two hundred of the agriculture and 32 markets law shall not be regulated as an "alcoholic beverage" or "bever- 33 age" within the meaning of this section where the sale, delivery or 34 giving away is to a person aged twenty-one years or older. The sale, 35 delivery or giving away of ice cream or other frozen desserts made with 36 wine, beer or cider to a person under the age of twenty-one years may be 37 prosecuted administratively and/or criminally in accordance with the 38 provisions of this chapter. 39 § 4. This act shall take effect immediately.
